If you are involved in securing land for development then read on… the Government has brought into force new disclosure obligations that most likely will bite on your next agreement (even where that is a variation of an existing agreement).
On 8 June 2026, the Provision of Information (Contractual Control) (Registered Land) Regulations 2026 (the “Regulations”) were signed into law.
What is the purpose of the Regulations?
The stated policy aim of the Regulations is to improve transparency in the land market by creating a freely accessible dataset showing contractual controls over registered land. The Government’s Guidance states:
“The Regulations introduce a duty to provide information about rights contained in certain land agreements – such as an option, conditional contract, pre-emption right, or certain rights associated with promotion agreements – to HM Land Registry, where those agreements give a person the power to control how land is used or developed.”
The Government’s concern is that many land transactions do not involve an immediate transfer of ownership but instead grant developers or promoters rights (such as options or conditional contracts) which enable them to influence or benefit from future development. These arrangements are currently largely invisible to local communities and planning authorities, making it harder to understand land use patterns or identify potential development sites. The reforms are also framed as a way to support SME developers by levelling access to information.
Timescales
The Regulations will apply in England and Wales and will come into force on 6 April 2027 although importantly, the regime has retrospective effect and it applies to all relevant agreements entered into on or after 8 June 2026, even though the Regulations do not come into force until 6 April 2027..
The Regulations will also apply to existing rights (granted prior to June 2026) which are varied or assigned or dealt with in such a way to alter the contractual control information post 8 June 2026.
Who is subject to the disclosure duty?
The Regulations will impose a duty to provide prescribed information to HM Land Registry in respect of certain contractual control rights affecting registered land. These include (but are not limited to):
- Options
- Conditional contracts
- Rights of pre‑emption
- Certain rights under promotion agreements
Any agreement in which the owner of a qualifying estate grants a right, option, or right of pre-emption to another party — allowing that party to require the owner to enter into a relevant disposition of the estate, either to that party or to a third party — will fall within scope.
The duty applies only where the rights are held for the purposes of an “undertaking”, such as a business, charity or other organised activity. It does not apply where such rights are held purely in an individual capacity.
The information must be submitted digitally via HM Land Registry, by a conveyancer acting on behalf of the beneficiary of the right (typically the developer or promoter). HM Land Registry’s digital service is expected to be available from 6 April 2027 although there has been no formal confirmation of the “go live” date.
Exclusions from the disclosure regime
The Regulations exclude the following arrangements:
- Unwritten agreements
- Agreements relating to leases with less than 15 years remaining at the time the right is granted
- Agreements affecting unregistered land
- Rights granted solely as security for:
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- A loan or mortgage, or
- An overage payment obligation
- Rights which are held exclusively for purposes that do not relate to future development resulting in the provision of one or more dwelling-houses (includes flats), or a building where the floorspace created by the development is 100 square metres or more. Meaning that the agreement relating to the following will not be caught (for example):
- A sale and purchase agreement with no development obligations
- An agreement relating to less than 100sqm of commercial space
- Utilities
- Maintenance
- Farming
In the context of the Regulations “development”[1] broadly means the carrying out of building or engineering operations, or a material change in the use of land, including residential or commercial schemes.
- Short‑term arrangements where the total period of control is less than 18 months (including any extension rights)
- Rights granted in connection with section 106 agreements, but only where they relate exclusively to infrastructure, amenities or services
- Rights granted for purposes of national security or defence
Notably, an agreement does not need to expressly refer to development to fall within scope. If one of its purposes is development or the disposal of land is for development, it is likely to be caught. The “non-development” exclusion is narrow and fact sensitive. Parties seeking to rely on it must demonstrate that the rights granted have no realistic connection to development. This will be assessed by reference to the substance and commercial context of the arrangement, not merely its drafting.
What information must be disclosed?
The Regulations require disclosure of the following prescribed information:
- Identity of the parties
- Name of the grantor and grantee
- Companies House or Charity Commission registration number (where applicable)
- Date and place of birth of the grantor (if an individual)
- Nature of the contractual control
- Type of right (e.g. option, pre‑emption, conditional contract)
- Date of the agreement
- Title number(s) affected
- Extent of the land
- Registered title number(s)
- Details sufficient to identify part‑title land (including a plan where relevant)
- Address and postcode
- Confirmation of whether sub‑surface land or airspace is included
- Duration and exercise mechanics
- Date from which the right may be exercised, or
- A brief description of the conditions precedent (where relevant)
- The initial period of control, including any rights to extend or renew
Importantly, commercially sensitive terms remain protected. Pricing, valuation methodology and payment structures are not required to be disclosed.
When must information be submitted?
For rights granted, varied or assigned post 6 April 2027 information must be submitted within 60 days of a “trigger event”, namely the date of:
- the grant of a new contractual control right
- a written variation of an existing right
- an assignment of the right to another party
- the expiry, exercise or determination of the right
Note the obligation to notify variations and terminations which is intended to ensure the public dataset accurately reflects the current position.
For rights granted, varied or assigned on or after 8 June 2026 but before 6 April 2027 the required information must be submitted to HM Land Registry by 6 October 2027.
Data Access
HM Land Registry is required to publish the data as soon as possible after 6 April 2028 in a structured, open database, designed to be accessible, searchable and reusable. The database will include core information such as affected land, identity of the grantee, type and duration of the control right and relevant dates. Following this database being published (which is likely to be updated on a monthly basis) it will be prudent to ensure your solicitor is searching the database in respect of your proposed future acquisition of land.
Consequences of Non‑Compliance
Failure to comply may constitute an offence under section 225 of the Levelling‑up and Regeneration Act 2023, exposing the beneficiary to criminal prosecution, with penalties including a fine and/or imprisonment.
There are also significant practical consequences. HM Land Registry may refuse to register notices or restrictions relating to unregistered contractual control rights, potentially undermining the protections typically relied upon in land transactions. This creates a material due diligence risk, as undisclosed arrangements may be both unenforceable in practice and unregistrable.
What should you do now?
- Audit existing option, promotion and conditional contract arrangements entered into since 8 June 2026.
- Ensure internal processes track trigger events (exercise, variations, assignments, expiry).
- Engage with your solicitors early to manage submission obligations.
Final thought
The Regulations introduce a significant compliance burden and may require changes to how land transactions are structured, documented and managed.
While the ultimate market impact remains uncertain, the introduction of a public register of contractual control arrangements represents a fundamental shift towards transparency in the development land market.
[1] as defined in section 55 of the Town and Country Planning Act 1990